Kavanaugh v. Nussbaum

At age 44, Irene Gonzales was pregnant with a son. Gonzales’s pregnancy went undetected for several months by her physician, Dr. William Nussbaum (defendant). Gonzales finally engaged an obstetrician, Dr. Erol Caypinar (defendant). Just two weeks later, 31 weeks into her pregnancy, Gonzales began bleeding. Gonzales went to Brookhaven hospital, where Caypinar had admitting privileges. In the emergency room, she was treated by Dr. Nareys Suteethorn (defendant), because Caypinar was away at a meeting. Caypinar had arranged for Dr. Albin Swenson to cover for him. Suteethorn examined Gonzales, then reported Gonzales’s condition to Swenson by phone. Swenson told Suteethorn to send Gonzales home. Gonzales went home. Gonzales began bleeding more heavily, and she was rushed to the hospital in an ambulance. At this point, Caypinar had returned to Brookhaven, and was able to attend to Gonzales, who eventually gave birth to her son, Justin Kavanaugh, by Caesarian section. Justin was very premature, weighing just three pounds at birth. He spent several months in the hospital. He suffered permanent injury during his birth that caused him to be mentally disabled and epileptic. He required special education, therapy, and was unable to care for himself physically or economically. Gonzales sued Nussbaum, Suteethorn, and Caypinar on Justin’s behalf. A jury found Suteethorn and Caypinar were liable for Justin’s injuries, awarding him more than $4,300,000 in damages. Specifically, the jury determined that Swenson’s negligence could be imputed to Caypinar, which accounted for 25 percent of Caypinar’s liability. The trial court reduced the jury award relating to pain and suffering and set aside the portions of the award relating to custodial care, diminished earning capacity, and lost services. On appeal, the court of appeals reinstated portions of the damages award relating to lost earning capacity and lost services. The defendants appealed.